Testamentary Trust vs. Revocable Living Trust: What’s the Difference? Both testamentary trusts and revocable living trusts are commonly used estate planning tools, but they operate differently. A testamentary trust is created through a will and does not come into existence until after the person’s death. A revocable living trust, by contrast, is created during a person’s lifetime and can hold assets immediately. One major difference is that a testamentary trust generally requires the succession process because it is established through a will. A revocable living trust may help certain assets avoid probate or succession administration if those assets are properly transferred into the trust during life. However, testamentary trusts are often simpler and more cost-effective for many families, particularly parents whose primary goal is to provide structured inheritances for minor children. Both types of trusts can be used to protect beneficiaries and control how assets are distributed. The best option depends on a family’s goals, the nature of the assets involved, and the level of ongoing management and probate avoidance desired.  Johnston Burkhardt is an attorney at Sternberg, Naccari & White, LLC with experience in trusts and estate planning for families. He regularly assists families in structuring trusts to protect long-term financial security and protection. To learn more about trusts and estate planning or to schedule a consultation, contact Johnston at (504) 324-2141 or johnston@snw.law .

Why Parents Often Use Testamentary Trusts for Minor Children Parents frequently use testamentary trusts to ensure that their children’s inheritance is protected and responsibly managed if something happens to them. Without a trust, assets left directly to a minor child may require court involvement and may eventually be distributed outright once the child reaches legal adulthood. Many parents are uncomfortable with the idea of a young adult suddenly receiving unrestricted access to substantial assets. A testamentary trust allows parents to appoint a trustee to manage assets for the benefit of the child according to instructions set forth in the will. The trust can provide for education expenses, medical care, housing, and general support while delaying larger distributions until the child reaches a more mature age. Parents may also structure distributions over time rather than all at once. In addition to financial management, testamentary trusts can provide important long-term protections. Properly drafted trusts may help protect a child’s inheritance from creditors, lawsuits, or issues arising from divorce later in life. For many families, testamentary trusts offer peace of mind and a practical way to protect children financially after a parent’s death.  Johnston Burkhardt is an attorney at Sternberg, Naccari & White, LLC with experience in trusts and estate planning for families. He regularly assists families in structuring trusts to protect long-term financial security and protection. To learn more about trusts and estate planning or to schedule a consultation, contact Johnston at (504) 324-2141 or johnston@snw.law .

Do You Need a Testamentary Trust If You Are Not Wealthy? Many people assume that trusts are only useful for wealthy families, but testamentary trusts can benefit families at many different income levels. Even relatively modest estates may include life insurance proceeds, retirement accounts, a family home, or savings that parents want managed carefully for their children. A trust can help ensure those assets are protected and used responsibly. For parents of minor children, a testamentary trust can provide structure and oversight regardless of the size of the inheritance. Instead of a child receiving assets outright at a young age, a trustee can manage the funds for education, healthcare, and other important needs. This can help avoid financial mismanagement and provide stability during difficult circumstances. Testamentary trusts are also often more accessible and affordable than many people realize. In most cases, they are incorporated directly into a will as part of a broader estate plan. Families do not need to be extraordinarily wealthy to benefit from thoughtful planning that protects children and preserves assets for the future.  Johnston Burkhardt is an attorney at Sternberg, Naccari & White, LLC with experience in trusts and estate planning for families. He regularly assists families in structuring trusts to protect long-term financial security and protection. To learn more about trusts and estate planning or to schedule a consultation, contact Johnston at (504) 324-2141 or johnston@snw.law .

I am often asked, why do I need title insurance? From an attorney’s perspective, title insurance is not a luxury — it is a fundamental risk management tool that protects the viability of your entire real estate development. As a developer, you are often acquiring property with the expectation that you can build, finance, and ultimately convey clear title to end users or investors. Title insurance ensures that the ownership rights you believe you are acquiring are, in fact, valid and enforceable. Unlike other forms of insurance that protect against future events, title insurance protects against defects that already exist but may not yet be discovered. These can include prior undisclosed liens, boundary disputes, errors in public records, fraud, or improperly executed documents in the chain of title. Any one of these issues can delay your project, increase costs, or even jeopardize your ability to proceed with development. Lenders will require a lender’s title policy as a condition of financing, but that policy only protects the lender’s interest—not yours. An owner’s title policy is what protects your equity investment in the property. Without it, you are effectively self-insuring against potentially significant legal and financial exposure. In development projects, timing is critical, and title issues can bring progress to a halt. Title insurance provides not only indemnity coverage but also a legal defense if a claim arises. This means the insurer will step in to resolve disputes, often without direct cost to you beyond the premium. Additionally, title insurance can be tailored through endorsements to address specific development risks, such as zoning, access, and contiguity of parcels. This customization is particularly important in complex assemblages or phased developments. From a transactional standpoint, having title insurance in place also enhances marketability. Future buyers, investors, and lenders will expect clean, insured title as part of their due diligence. Ultimately, title insurance allows you to move forward with confidence, knowing that hidden defects will not undermine your project after significant capital has been deployed. It is a relatively small, one-time cost compared to the scale of risk it mitigates. In short, title insurance is not just about protecting title—it is about protecting your entire development strategy. To learn more or to schedule a consultation, contact Joseph R. Marriott at joseph@snw.law or by telephone at (504)324-1886.

When Is the Other Parent’s Consent Required for Step-Parent Adoption in Louisiana? One of the most important questions in any Louisiana step-parent adoption is whether the other biological parent’s consent is required. In many cases, consent is necessary and must be formally executed before the adoption can proceed. This typically applies when the parent has maintained a relationship with the child or has continued to fulfill their legal obligations, such as paying child support or maintaining regular contact. However, Louisiana law also recognizes that there are circumstances where a parent’s consent is not required. Courts may dispense with consent if the parent has failed to support the child or failed to communicate with the child for a specified period of time, as defined by statute. For example, prolonged absence, lack of meaningful contact, or failure to provide financial support can form the basis for terminating parental rights without consent. The burden is on the petitioner to prove that these conditions are met, and the court will closely examine the facts of each case. In situations where consent is not obtainable, the process becomes more litigation-focused. The petitioner must present evidence demonstrating the other parent’s lack of involvement or failure to meet their obligations. This can include payment records, communication logs, testimony, or other documentation showing a pattern of absence or neglect. The court will evaluate this evidence carefully, with the child’s best interest as the guiding standard. It is important to understand that termination of parental rights is a serious legal action, and courts do not grant it lightly. Even when statutory grounds exist, the court must still determine that the adoption is in the child’s best interest. For this reason, these cases often benefit from careful legal strategy and thorough preparation. When handled properly, however, step-parent adoption can move forward even without consent, allowing families to achieve legal stability and permanence despite challenging circumstances.  Johnston Burkhardt is a family lawyer and licensed mediator listed on the Louisiana State Bar Association’s Mediator Registry. To learn more about adoption, any other family law issues, or to schedule a free consultation, contact Johnston at (504) 324-2141 or johnston@snw.law

Step-Parent Adoption in Louisiana: A Practical Guide Step-parent adoption in Louisiana, often referred to as an intrafamily adoption, is a legal process that allows a spouse to adopt their partner’s child and become that child’s legal parent. Once the adoption is finalized, the step-parent has the same rights and responsibilities as a biological parent, including decision-making authority, inheritance rights, and the obligation to support the child. At the same time, the legal rights of the other biological parent are terminated, either through consent or by court order. For many families, step-parent adoption is not just a legal step, it is a meaningful way to formalize an existing parent-child relationship and create long-term stability. In Louisiana, step-parent adoption is generally available when the adopting step-parent is married to the child’s legal parent and has established a relationship with the child. The process begins with filing a petition for intrafamily adoption in the appropriate court, typically in the parish where the petitioner or child resides. Depending on the circumstances, the court may require the consent of the other biological parent. If consent is not available, the court can still grant the adoption if certain legal criteria are met, such as abandonment or failure to support or communicate with the child for a statutory period. The court’s ultimate focus is always the best interest of the child. One of the advantages of step-parent adoption in Louisiana is that it is generally more streamlined than other types of adoption. Home studies are not required, particularly when the child has been living with the step-parent, and the process can move relatively quickly compared to private or agency adoptions. That said, each case is fact-specific, and issues involving consent, parental rights, or out-of-state parties can add complexity. For families considering this step, the benefits are both legal and practical. Step-parent adoption can provide peace of mind by ensuring that the step-parent can make decisions for the child in medical or educational settings, maintain custody rights in the event of the biological parent’s death, and create clear inheritance rights. It also provides emotional security for the child, reinforcing the permanence of the relationship. While the process is designed to be accessible, working with an attorney can help ensure that the petition is properly prepared and that any issues with consent or parental rights are addressed efficiently. Johnston Burkhardt is a family lawyer and licensed mediator listed on the Louisiana State Bar Association’s Mediator Registry. To learn more about adoption, any other family law issues, or to schedule a free consultation, contact Johnston at (504) 324-2141 or johnston@snw.law

Step-Parent Adoption in Louisiana: A Practical Guide Step-parent adoption in Louisiana, often referred to as an intrafamily adoption, is a legal process that allows a spouse to adopt their partner’s child and become that child’s legal parent. Once the adoption is finalized, the step-parent has the same rights and responsibilities as a biological parent, including decision-making authority, inheritance rights, and the obligation to support the child. At the same time, the legal rights of the other biological parent are terminated, either through consent or by court order. For many families, step-parent adoption is not just a legal step, it is a meaningful way to formalize an existing parent-child relationship and create long-term stability. In Louisiana, step-parent adoption is generally available when the adopting step-parent is married to the child’s legal parent and has established a relationship with the child. The process begins with filing a petition for intrafamily adoption in the appropriate court, typically in the parish where the petitioner or child resides. Depending on the circumstances, the court may require the consent of the other biological parent. If consent is not available, the court can still grant the adoption if certain legal criteria are met, such as abandonment or failure to support or communicate with the child for a statutory period. The court’s ultimate focus is always the best interest of the child. One of the advantages of step-parent adoption in Louisiana is that it is generally more streamlined than other types of adoption. Home studies are not required, particularly when the child has been living with the step-parent, and the process can move relatively quickly compared to private or agency adoptions. That said, each case is fact-specific, and issues involving consent, parental rights, or out-of-state parties can add complexity. For families considering this step, the benefits are both legal and practical. Step-parent adoption can provide peace of mind by ensuring that the step-parent can make decisions for the child in medical or educational settings, maintain custody rights in the event of the biological parent’s death, and create clear inheritance rights. It also provides emotional security for the child, reinforcing the permanence of the relationship. While the process is designed to be accessible, working with an attorney can help ensure that the petition is properly prepared and that any issues with consent or parental rights are addressed efficiently. Johnston Burkhardt is a family lawyer and licensed mediator listed on the Louisiana State Bar Association’s Mediator Registry. To learn more about adoption, any other family law issues, or to schedule a free consultation, contact Johnston at (504) 324-2141 or johnston@snw.law